EUROPEAN UNION
GOVERNMENT OF ROMANIA MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERY PERSONS AMPOSDRU
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Translation from Romanian THE EUROPEAN SOCIAL FUND Sectoral Operational Programme for Human Resources Development 2007 – 2013 Priority axis 3 „INCREASING ADAPTABILITY OF WORKERS AND ENTERPRISES” Major area of intervention 3.3 „Development of partnerships and encouraging initiatives for social partners and civil society" Project title: “The Network of Competent Authorities for Professional Qualifications in Romania (IMI PQ NET Romania)” Beneficiary: Ministry of National Education Contract no: POSDRU/93/3.3/S/53132
2013_06_L31.4_Bocii
Guide to certification and recognition for professions from the marine field and related professions: ENGINEER, FIRST CLASS, MERCHANT MARINE
Author: Prof. univ. Dr. Eng. Liviu Sevastian BOCÎI, bociis@yahoo.com, 0722519943 Subfield G1: Sectorial Committee of Transport, Romanian Railway Authority, CENAFER, Romanian Naval Authority, CERONAV
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GOVERNMENT OF ROMANIA MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERY PERSONS AMPOSDRU
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CONTENT Introduction..............................................................................................................................
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I. The status of the regulation of the profession: Engineer, First class, merchant marine, in Romania and in other Member States of the European Union….………………………..
4
II. Confirmation/certification procedures of competences applied by the Competent Authorities in countries where the profession is regulated…………………………...
7
2.1 Training and certification of the competences of the Engineers, First class, merchant marine, in the European Union...........…………………….....….…...
7
III. Processes of recognition of qualifications attained in other Member States of the European Union.....................................................................................................
13
3.1 Recognition of professional qualification in the Czech Republic...................................
14
3.2 Recognition of professional qualification in Spain....................................................
19
3.3 Recognition of professional qualification in Romania.................................................
23
3.4 SOLVIT…………………………………………………………………….…………….
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IV. The practice of the Engineer, First class, merchant marine profession in the EU….
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4.1 Procedures of confirmation and renewal of titles and certificates from the commercial marine in Spain..............................................................................................
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Conclusions…...…………………………………………………………………………..…….. 30 Bibliography…………..……………………………………………………………..………..
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INTRODUCTION The project, “The Network of Competent Authorities for Professional Qualifications in Romania (IMI PQ NET Romania)”, seeks, through the proposed activities, the attainment of three major objectives throughout the implementation period, with the aim of obtaining results which are beneficial for all parties, both during implementation, as well as post-implementation. The guide to the certification and recognition of the profession of Engineer, First class,
merchant marine constitutes one of these results, which developed following an analysis, conducted together with the Competent Authorities, of the validation and certification of competences and processes of recognition of qualification for each of the regulated professions. Thus, the development of guides by regulated profession was considered to be highly important, aiming at achieving the following objectives:
Helping the Competent Authorities in Romania in the unfolding of the activity of standardization of the processes of certification and recognition of the regulated professions under their management by informing them in regard to the practices from other Members States of the European Union;
Informing all private persons who acquired qualifications in the respective field of activity in Romania and who wish to practice the said profession in one of the Member States of the European Union;
Promoting and consolidating the multisectorial partnership structure created through the project (The IMI PQ NET Romania Network), being assisted by the IMI platform of the European Commission. The guide to certification and recognition of the regulated profession/professions has a standard
structure as was developed in accordance with the Development methodology of guides to certification and recognition of professions, the analysis having been done for those Member States of the European Union which were analyzed (The Czech Republic, Denmark, Germany, Italy, Great Britain, the Netherlands, Portugal and Spain), where the respective profession is regulated. Thus, this guide is the result of research activities on specialized bibliography concerning the profession in question from each Member State of the European Union, as well as of the existent and accessible information from the statistics in the IMI system. In addition, the comparative studies at a European Union level were taken into consideration, developed for the approached field, which are based on the experience of some study visits where the models and, more importantly, the examples of good practices in the field of professional qualification and of the implementation of the IMI system were identified.
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GOVERNMENT OF ROMANIA MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERY PERSONS AMPOSDRU
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I. THE STATUS OF THE REGULATION OF THE PROFESSION: ENGINEER, FIRST CLASS, MERCHANT MARINE, IN ROMANIA AND IN OTHER MEMBER STATES OF THE EUROPEAN UNION The profession of Engineer, First class, merchant marine is regulated, according to the national laws of transposition of Directive 2005/36/EC of the European Parliament and Council of 7 September 2005, on the recognition of professional qualifications, in the following Member States of the European Union: the Czech Republic and Spain (both being part of the analyzed states). In Romania this profession (Engineer, First class, merchant marine) is found in Annex no. 2: The list of regulated professions in Romania of Act 2001 of May 25, 2004, concerning the recognition of diplomas and professional qualifications for regulated professions in Romania, which is not presently published in the European database of regulated professions (The Single EU Market. Regulated professions database2). In the following table 1 are presented the two Member States of the European Union, in which the profession of: Engineer, First class, merchant marine is regulated. For the same generic name: Engineer, First class, merchant marine, the situation is as follows: CZECH REPUBLIC:
Druhý strojní důstojník pro lodě s výkonem hlavních motorů 3000 kW a více (Second engineer officer on ships powered by main propulsion machinery of 3000 kW or more )/ Engineer, First class, merchant marine – Ofițer mecanic secund pe nave cu un motor principal cu o putere de propulsie egală sau mai mare de 3000 kW;
Druhý strojní důstojník pro lodě s výkonem hlavních motorů do 3000 kW (Second engineer officer on ships powered by main propulsion machinery of less than 3000 kW)/ Engineer, First class, merchant marine – Ofițer mecanic secund pe nave cu un motor principal cu o putere de propulsie mai mică de 3000 kW;
Strojní důstojník (Officer in charge of an engineering watch)/ Engineer, First class, merchant marine – Ofițer mecanic. SPAIN:
Mecanico naval de primera clase del sector de la marina mercante / Engineer, First class, merchant marine – Mecanic naval clasa I în marina comercială.
1
Act 200 of 25 May 2004, on recognition of diplomas and professional qualifications for the regulated professions in Romania, Official Journal of Romania, Part I, no. 500 of 3 June 2004 2 ec.europa.eu/internal_market/qualifications/regprof 4
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Table 1. State of regulation of the profession: Engineer, First class, merchant marine in the EU3 The name of the profession in the language of
The country where
origin (translation into English)/generic name
it is regulated
1
2
Recognition according to The competent authority
Directive 2005/36/EC (National legislation)
3
4
Qualification level 5
Druhý strojní důstojník pro lodě s výkonem hlavních motorů 3000 kW a více (Second engineer officer on ships powered by main propulsion machinery of 3000 kW or more )/ Engineer, First class, merchant marine Druhý strojní důstojník pro lodě s výkonem hlavních motorů do 3000 kW (Second engineer
SEC –
Ministry of Transport,
Czech Republic
officer on ships powered by main propulsion machinery of less than 3000 kW)/ Engineer, First class, merchant marine
nábř. Ludovíka Svobody 12/22, P.O.BOX 9
General system of recognition
110 15 Prague, Phone: +420 972 231 111
– primary application (Act No.
Fax: +420 972 231 184
61/2000 Coll., Decree No.
E-mail: podatel1@mdcr.cz;
450/2000 Coll.)
podatel2@mdcr.cz
Certificate which attests to the completion of a secondary education cycle, art. 11 b
Strojní důstojník (Officer in charge of an engineering watch)/ Engineer, First class, merchant marine
3
http://ec.europa.eu/internal_market/qualifications/regprof (20.05.2013) 5
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Continuation table 1 The name of the profession in the language of origin (translation into English)/generic name 1
The country where it is regulated 2
Recognition according to The competent authority
Directive 2005/36/EC
Qualification level
(National legislation) 3
4
5
Ministerio de Fomento (Dirección General de la marine Mercante, Subdirección General Mecanico naval de primera clase del sector de la marina mercante / Engineer, First class, merchant marine
Spain
de Seguridad y Contaminación Marítimas)
General system of
C/ Ruiz de Alarcón 1, 28071 MADRID,
recognition – primary
Phone: +34 91 597 91 64/+34 91 597 92 69
application
Diploma (post-secondary education), including annex II (ex 92/51, annex C, D), art. 11 c
Fax: +34 91 597 92 97/34 91 597 92 35 E-mail: jabril@mfom.es
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II. CONFIRMATION/CERTIFICATION PROCEDURES OF COMPETENCES APPLIED BY THE COMPETENT AUTHORITIES IN COUNTRIES WHERE THE PROFESSION IS REGULATED
The competences certification process is the process through which an accredited institution certifies the fact that a person has competences in a certain field, through a document that is called a certificate (attestation) of professional competence. A certificate of professional competence is not a diploma of studies, but it certifies the fact that a person has a certain level of expertise in a certain field, and this allows for the growth of his chances to be hired and for a superior credibility of his services and the products which he offers. The basic principles of the professional competence certification process are as follows:
The certification of competences is an optional process and not a mandatory one. Yet, institutional policies may exist which mandate the certification of the competences of their members as a requirement to be part of the respective organization;
The evaluation of professional competences can be done by the same organization which certified the competences or by another organization;
Generally, the professional competence is checked in its entirety and not parts of it;
The certification of professional competences is a separate process from professional training (in other words, an organization that awards professional competences through training cannot directly participate in their certification);
The centres of professional training may facilitate the professional competence certification process through partnerships and agreements with the competence certification organizations.
2.1. The competence training and certification of Engineer, First class, merchant marine in the European Union The competence training and certification of seafarers is regulated by the 1978 Convention of the International Maritime Organization (IMO) concerning the standards of training, certification and watchkeeping for seafarers (named ”The STCW Convention”, to which Romania adhered through Act no. 107/1992), which entered into force in 1984 and was substantially modified in 1995. The STCW Convention (Standard of Training, Certification, and Watchkeeping – The International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers, with the amendments in force) was incorporated for the first time into European Union law through Directive 94/58/CE of the Council on 22 November 1994, on the minimum training level of seafarers. Subsequently, the European Union norms on training and certification of seafarers were adapted to the subsequent changes 7
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of the STCW Convention, and the European Union established a common mechanism for recognition of training and certification systems for seafarers in third countries. The respective norms are, after a reform, contained in Directive 2008/106/CE of the European Parliament and Council of 19 November 2008, on the minimum training level for seafarers. In 2010, a conference of the parts to the STCW Convention, that took place in Manila, introduced significant changes to the STCW Convention, specifically in respect to prevention of fraudulent practices concerning the certificates, in the field of medical standards, concerning the training in respect to security, including concerning piracy and armed robbery, as well as concerning training in respect to aspects of a technical nature. The Manila changes also introduced requirements for qualified seafarers and established new occupational profiles, such as electrotechnic officers. Thus, Member States should harmonize their national norms with the Manila changes, without, however, creating a conflict between the international commitments of the Member States and their commitments within the European Union. Taking into account the global dimension of maritime transportation, European Union norms concerning the training and certification of seafarers should be maintained in accordance with international norms, specifically, many of the dispositions in Directive 2008/106/CE of the European Parliament and Council, of 19 November 2008, on the minimum level of training for seafarers, should, thus, be changed to reflect the Manila changes. Part A of the STCW Code, (The Mandatory Standards concerning the dispositions in the Annex to the STCW Convention) include the mandatory provisions to which specific reference is made in the Annex to the International STCW Convention, 1978, (Manila AMENDMENTS to the Code on training, licensing/certification and watchkeeping service (The STCW Code)), on standards of training, certification, and watchkeeping for seafaring personnel, with the subsequent amendments. This part also includes the competence standards which must be demonstrated by the candidates in view of issuing and of reconfirmation of the certificates of competence in accordance with the provisions of the STCW Convention. The aptitudes specified in the competence standards are divided into 4 duties: 1. Controlling the operation of the ship and care for persons on board; 2. Marine engineering; 3. Electro-mechanics, electronics and automations; 4. Maintenance and repair; and on 3 levels of responsibility: 1. Management level; 2. Operational level; 3. Support level. Management level is understood as the level of responsibility associated with:
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fulfilment of the job as a boat master, ship’s deck officer class II, chief engineer or marine engineering officer class II on board of a maritime vessel, and
ensuring the proper execution of all the duties within the set field of responsibility; Operational level is understood as the level of responsibility associated with:
fulfilment of the job as an officer with responsibility over navigational watchkeeping or engines, or as Engineer, First class, merchant marine with special duties in a periodically unmanned engine-room, or as a radio operator on board of a maritime vessel, and
maintaining a direct control over the execution of all the duties in the field of responsibility as set in accordance with the appropriate procedures and under the management of a person that holds a position at a managerial level for the field of responsibility in question; Support level is understood as the level of responsibility associated with the fulfilment of the
established duties, obligations, and responsibilities on board a maritime vessel under the management of a person that holds a position at an operational or managerial level. In accordance with the European legislation4, an officer responsible with the navigation watch in a manned engine-room or an Engineer, First class, merchant marine designated to fulfil his job in a periodically unmanned engine-room, on a maritime ship powered by a main engine of more than 750 kW, must hold a certificate of competence. Thereby, each candidate for certification must meet the following conditions:
be not less than 18 years of age;
have completed combined workshop skill training and an approved seagoing service of not less than 12 months, as part of an approved training programme which includes onboard training which meets the requirements of Section A-III/1 of the STCW Code and is documented in an approved training record book, or otherwise have completed combined workshop skill training and an approved seagoing service of not less than 36 months, of which not less than 30 months will be seagoing service in the engine department;
have performed, during the required seagoing service, engine-room watchkeeping duties, for a period of at least six months, under the supervision of the chief engineer officer or a qualified engineer officer;
have completed approved education and training and meet the standards of competence specified in Section A-III/1 of the STCW Code; and
4
Directive 2008/106/EC of the European Parliament and of the Council of 19 November 2008, on the minimum level of training of seafarers, Annex I, chapter III, Rule III/1, pg. 50. 9
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meet the standards of competence specified in Section A-VI/1 paragraph 2, section A-VI/2 paragraphs 1-4, section A-VI/3 paragraphs 1-4, and section A-VI/4 paragraphs 1-3 of the STCW Code. In addition to these conditions, the candidates for competency certification shall provide satisfactory
proof of5:
their identity;
that their age is not less than that prescribed in the Regulations listed in Annex I relevant to the certificate of competency or certificate of proficiency applied for;
that they meet the standards of medical fitness, specified in Section A-I/9 of the STCW Code;
that they have completed the seagoing service and any related compulsory training prescribed in the Regulations listed in Annex I for the certificate of competency or certificate of proficiency applied for; and
that they meet the standards of competence prescribed in the Regulations listed in Annex I for the capacities, functions and levels that are to be identified in the endorsement of the certificate of competency. (This paragraph shall not apply to recognition of endorsements under Regulation I/10 of the STCW Convention).
Medical certification Directive 2008/106/EC of the European Parliament and of the Council of 19 November 2008, on the minimum level of training of seafarers, by article 11, regulates the fact that each Member State determines the standards concerning the medical fitness of seafarers, as well as the procedures for issuing a medical certificate in accordance with section A-I/9 of the STCW Code, taking into account, as appropriate, section B-I/9 from the same code. In addition, in paragraph (2) of art. 11, of Directive 2008/106/EC, it is stipulated that each Member State of the European Union must ensure that those responsible for assessing the medical fitness of seafarers are recognized medical practitioners in the Member State, in accordance with section AI/9 of the STCW Code. Every seafarer holding a certificate of competency or a certificate of proficiency issued under the provisions of the STCW Convention, who is serving at sea, shall also hold a valid medical certificate, issued in accordance with art. 11 and with section A-I/9 of the STCW Code. Thus, for the medical certification the candidates must satisfy the following conditions:
be not less than 16 years of age;
provide satisfactory proof of their identity; and
5
Directive 2012/35/EU, of the European Parliament and Council, of 21 November 2012, of amendment of Directive 2008/106/EC on the minimum level of training of seafarers, art. 5, paragraph (7) g. 10
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meet the applicable medical fitness standards established by the Member State concerned. The medical certificates shall remain valid for a maximum period of two years, unless the seafarer
is under 18 years age, in which case the maximum period of validity shall be of one year. If the validity period of the medical certificate expires in the course of a voyage, then the medical certificate will continue to be valid until the next stopover harbour, where a medical practitioner recognized by the host Member State is available, on the condition that the period will not exceed 3 months, and the seafarer in question possesses an expired medical certificate of a recent date.
Reconfirmation of certificates In accordance with national legislation in force, every master, officer, holder of a certificate of competency, and radio operator holding a certificate issued or recognized under any chapter of Annex no. 1 of this ordinance (other than chapter VI), who is serving at sea or intends to return to sea after a period ashore shall, in order to continue to qualify for seagoing service, be required at intervals not exceeding 5 years: 1. to meet the medical and age requirements provided by the national legislation in force; 2. to establish continued professional competences as follows:
have completed the seagoing service of not less than 12 months in the last 5 years in the relevant position stated on the certificate; or
have passed a test of evaluation of the competence specific to the position inscribed on the certificate; or
have completed an approved course of reconfirmation of the competence specific to the position stated on the certificate, as is provided by A-I/11 of the STCW Code. The extension of the validity of the certificates under the conditions provided above will be done for
periods of maximum 5 years since the date of completion of the oldest training course. In the case of masters, officers, radio operators or holders of certificates of proficiency for which special training requirements were adopted, for the continuation of service on board of the vessels, they must complete approved training courses, relevant to these requirements. Thus, the approved training methods must include the relevant amendments to the national and international regulations on life safety at sea and the protection of the marine environment and any update of the competence standards in question. Monitoring of professional training is the duty of the competent authority of the state in question, which cannot approve the structure and content of the training courses for reconfirmation, listed above, unless the training methods include the new European legislation from the field. In this respect, the competent authorities from the Member States notify the companies concerning the amendments of the national and international regulations on life safety at sea and the protection of the maritime environment. 11
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Thus, for reconfirmation of the licence of Engineer, First class, merchant marine, one shall participate in the following reconfirmation course and shall complete the IMO courses necessary for the position (International Maritime Organisation, Romania is an IMO member since 1965):
ROM – NOP (Reconfirmation licence Engineer, first class, merchant marine – Operational level), which has a duration of 10 days/80 hours (certified course STCW A - III/1), and serves the purpose of updating basic knowledge of the naval system’s thermo-energetics, assimilation of modern methods of operating the mechanical, hydraulic, and pneumatic systems on board of the vessels, learning and assimilation of the documentation, and of the operation, repair and running maintenance documents of the naval systems, and updating in the computerisation of the control, supervision, adjustment, and protection activity specific to the power systems of the vessel.
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III. PROCESSES OF RECOGNITION OF QUALIFICATIONS ATTAINED IN OTHER MEMBER STATES OF THE EUROPEAN UNION
The freedom of movement of persons was one of the main objectives of the Common Market, created through the Treaty of Rome6 of 1957 (the freedom of establishment, the free movement of services, and the free movement of people being fundamental principles of this treaty). The general system of recognition of professional qualifications is based on the following principles:
The principle of mutual trust between Member States of the European Union;
The absence of harmonization in professional training for practicing the profession in question. Each Member State will decide the access or lack of access to practice the profession on its territory, the content and level of training for practicing the profession in question;
The existence of counter-available measures when there are significant differences between the contents of the professional training in different Member States. The rule is as follows: no Member State can refuse the access to a regulated profession on its territory to European Union citizens, who are fully qualified to practice this profession in another Member State, and this, regardless of the differences among the two states (interpretation of the mutual trust principle). If these differences are "substantial",
the competent authorities from the host Member State may complete the recognition after the applicant passes an aptitude test or completes a trial period (adaptation period, seagoing service, apprenticeship). The assessment process must be impartial and the evaluation mechanisms must be designed in such a manner as to avoid any type of conflicts and interests, including by a high professionalization of the assessors. Defining these principles must avoid the standardization of measures between different European states, which would conflict with the objectives of the Bruges-Copenhagen process, and the contrast with the adoption of top-down approaches. In order to improve the gaps between the different European systems of recognition of qualifications we must:
Ensure the quality, and through it the trust in the confirmation process, trying, in the same time, to create links between the different systems of confirmation of professional qualifications;
Consult the norms and principles already existent at the national and international level (for example:
the EN 45013/ISO 17024 norms).
6
Treaty of Rome refers to the treaty through which the European Economic Community (EEC) was established and was signed by France, West Germany, the Netherlands, Italy, Belgium and Luxemburg on March 1957. 13
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3.1. PROFESSIONAL QUALIFICATIONS RECOGNITION IN THE CZECH REPUBLIC
Recognition of professional qualifications and the necessary documents list is regulated in the Czech Republic by Act no. 18/2004 Col - Act on Recognition of Professional Qualifications. The request procedure for recognition of professional qualifications (Strojní důstojník (Officer in charge of an engineering watch)/ Engineer, First class, merchant marine – Ofiţer mecanic), includes the following steps:
1. Acquiring the request form for the recognition of professional qualifications is possible: by downloading it from the web site (http://uok.msmt.cz/uok), or, directly, from:
The respective Competent Authority (Ministry of Transport);
Ministry of Education, Youth and Sport (as a point of contact), or
Ministry of Industry and Commerce (in case the applicant intends to practice a regulated profession which has an independent support, a commercial licence, etc.).
2. Completing the request on-line and presenting the requested documents. In accordance with section 22 Par. 2 from the Act on Recognition of Professional Qualifications, the applicant presents the following information in the request:
surname and first name;
birth date, citizenship;
mailing address;
necessary documents for certification of the regulated profession which the applicant intends to practice in the Czech Republic;
manner of practice of the regulated profession (a person who carries out independent activities or an employee). The request must be supported by:
identity card, proof of citizenship in accordance with the provisions stipulated in section 1, part 2 of Act no. 18/2004 Col. - Legea privind recunoașterea calificărilor profesionale - Act on Recognition of Professional Qualifications;
proof of professional qualifications;
proof of other competences;
document confirming the payment of an administrative fee. The administrative fee for submitting the request form for recognition of professional qualifications amounts to 2.000 CZK (Czech 14
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Koruna – Koruna Česká). In the case that the role of the competent authority is fulfilled by an association or a professional chamber, the administrative fee will be specified by the regulations of the association or of the respective chamber. Proof of professional qualification includes among others: Proof of education and training, clearly specifying the education level attained (elementary, secondary, post-secondary, higher - bachelors or masters), the length and content of attained education or training. Thus, for recognition of the profession of Engineer, First class, merchant marine, attained in another Member State of the European Union, or, in a third signatory state to the STCW Convention (Standard of Training, Certification, and Watchkeeping - International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, with the amendments in force), in the Czech Republic, the applicant must present the following documents (in accordance with Act No. 61/2000 Coll. and Decree No. 450/2000 Coll., Annex No.4), competent authorities (Ministry of Transport): 1) Document attesting that he amply fulfils the requirements of the STCW Convention (Part A - III / 1); 3) Certificate of competence in techniques of personal survival at sea; 4) Certificate of competence in prevention and combat against fires– basic level; 5) Certificate of competence in medical first aid; 6) Certificate of competence in personal safety and social responsibilities on board ships; 7) Certificate of competence in operating survival craft and rescue boats, other than fast rescue boats; 8) Certificate of competence in prevention and combat against fires– advanced level; 9) Certificate of competence in prevention of marine environment pollution MARPOL 73/78; 10) Document attesting to the fact that the applicant performed the seagoing service prescribed by the legislation in force. The identity card and the proof of citizenship in a Member State of the European Union are presented as photocopies. Nevertheless, the competent authority may request the originals for examination of authenticity. The originals or certified photocopies (authenticated by a notary) of the professional qualification proofs and other competences are presented only in the case when the competent authority cannot verify the authenticity of the documents through administrative cooperation. The documents which attest the professional qualifications and other competences of the applicant must be translated into the Czech language‚ with the exception of the cases when between the origin state and the host one there is an international treaty that cancels this requirement (The Hague Convention: Romania and The Czech Republic signed it in 16.03.2001). In the case where the competent authority questions the correctitude and authenticity of the translation or in the case when no proof of authenticity was
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received by administrative means, the respective competent authority is entitled to request proof translated in the Czech language by one of the interpreters from the list of experts and translators of the Czech state. 3. The request form completed with the requested annexes must be submitted to the competent authority. In addition, it is also possible to submit the recognition request to the Ministry of Education, Youth and Sports (point of contact), which has the obligation of sending it to the competent authority, without delays. The process of recognition of professional qualifications takes place in the Czech Republic.
4. The decision concerning the submitted request based on section 24 Part 5 from the Act: The competent authority has the obligation to decide, without delay, within 60 days from the submission of the complete request (with all the requested documents). In the case of the consolidate procedure or of a remarkably complex request, the competent authority, according to section 25, paragraph 2, has the obligation to make a decision within maximum 90 days. In case the decision enters into juristic litigation, the competent authority has the obligation to return the documents (originals or authenticated by a notary) submitted by the applicant within 15 work days (proof of professional qualifications and of other competences attained or the proof of European citizenship). The competent authority issues a decision which will attest that:
the applicant has a recognised professional qualification;
there are counter-available measures that must be taken into consideration (adjustment periods or an aptitude test) before the recognition, which are required of the applicant;
the request for recognition of professional qualification is rejected.
5. The appeal of the applicant against the decision of the competent authority An appeal against decisions issued by a competent authority (a central administrative organ) can be made , the management of the competent authority thus receiving the appeal from the „The Permanent 7
Appeal Commission". The deadline for submitting an action (appeal) is of 15 days after the announcement of the decision of the competent authority (with the exception of the situation in which the plaintiff was not properly informed concerning the possibility and legal period during which an appeal can be made). In some cases, the decisions may be reviewed by the court based on an administrative ordinance (section 65 from Act no. 150/2002 Coll.) or on a civil action (section 246 of Act 99/1963 Coll.).administrative or civil (section 72 of Act no 150/2002 Coll and section 247 of Act no. 99/1963).
Section 152, Act no. 18/2004 Col. - Act privind recunoașterea calificărilor profesionale - Act on Recognition of Professional Qualifications 7
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Have you acquired professional qualification in EU/EEA or Switzerland and you want to exercise your profession in the Czech Republic?
Is your profession regulated in the Czech Republic?
Unlimited access to the Labour market
NO NU
U
U YES S
Recognition of qualification needed
NO
Are you qualified for the same profession in your country?
The Directive is not applicable.
NU
U
U YES
Do you want to exercise your profession temporarily or occasionally?
Do you want to work in the Czech Republic permanently?
Is it necessary to inform a relevant recognition authority by declaration?
YES
Are you a doctor, pharmacist, dentist, nurse, midwife, veterinary, surgeon or architect?
Is the respective profession regulated in your country or can you prove that during the previous 10 years you have had at least 2 years of relevant professional experience?
YES NO NU
U
U
The principle of automatic recognition can be applied. NO
Is the respective profession regulated in your country or can you prove that during the previous 10 years you have had at least 2 years of relevant professional experience?
NO
NU
YES
U
U
Are you a doctor, pharmacist, dentist, nurse, midwife, veterinary, surgeon or architect with the option of automatic recognition?
The Directive is not applicable.
NU
U
1
U
3 2
4 17
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2
YES
Your study programme will be compared with the corresponding one required in the Czech Republic.
3
4
YES
YES
Considering your profession, is there a danger for public health or safety?
YES
YES YES
Is the difference between your qualification and the qualification required in the Czech Republic higher than one level?
NO NU
U
The qualification will be checked.
NO NU
U
U Are there some substantial differences in the content of curriculum which cannot be covered by professional experience?
NO NU
U
U
U
Are there substantial differences between your study programme and the one required in the Czech Republic which may influence the public safety and health?
YES
YES
Aptitude test or adaptation traineeship.
RECOGNIZED QUALIFICATION
Aptitude test or adaptation traineeship
NO NU
U
U ACCESS TO PROVIDE SERVICES
Figure 1. Professional qualifications and services recognition procedure in the Czech Republic8 The legalization of documents is done in conformity with the Hague Convention (convention adopted in Hague on October 5, 1961) for eliminating the requirement of super-legalization of official foreign documents: a) for the documents issued by the judicial authorities, including documents issued or certified by notaries: 8
What you should know about the system for mutual recognition of professional qualifications in the EU Member
States, EEA countries and Switzerland, Compiled by Zuzana Šonková and Štěpánka Skuhrová, Prague 2008, p. 9 18
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Ministerul Justiţiei, Departamentul Internaţional (Ministry of Justice, International Department, Vysehradska 16, 128 00 Praha 2, phone: +42(2) 2199 7157, fax:+42(2) 2491 1365);
b) for other documents issued or certified by the public administration authorities or by other authorities:
Ministry of Foreign Affairs, Consular Directory. Based on the agreement with The Ministry of Finance from the Czech Republic, an administrative
fee of 100 CZK (Czech Koruna – Koruna Česká) was determined for legalization of documents, (Act no. 368/1992 Coll,).
3.2. RECOGNITION OF PROFESSIONAL QUALIFICATIONS IN SPAIN
The transposition of Directive 2005/36/EC of the European Parliament and Council of 7 September 2005, on the recognition of professional qualifications, was accomplished in Spain by legislative Decree no. 1837 of 2008 of 8 November 2008 (Real Decreto 1837/2008), which specifies the conditions under which the citizens of Member States of the European Union may practice in Spain the regulated profession for which they are qualified in the Member State of origin. The general system is applied to professions which are not regulated by specific norms or directives of recognition and to some situations where the holder of the professional qualification does not meet the conditions provided by other recognition systems. This system is based on the principle of mutual recognition, without prejudice to the application of some counter-available measures when there are significant differences between the training acquired by the person concerned and the necessary training in the host Member State. The counter-available measure can take the shape of an adjustment period (seagoing service) or of an aptitude test. The applicant has the option of choosing among the two measures, if there is no specific derogation in this regard. When the access to practicing a profession is regulated in the host Member State, namely, that it is conditioned on holding some specific professional qualification titles, the competent authority from the Member State in question grants access to the profession in question and to its practice under the same conditions which are applied to its nationals. Nevertheless, the applicant must hold a professional qualification acquired in another Member State that will attest to a training level at least equivalent with the level immediately inferior to that necessary in the host Member State. On the other hand, when the access to a profession is not conditioned on holding some specific professional qualification title in the Member State of the applicant, for accessing the profession in question in a host Member State where it is regulated, it is necessary to prove, besides the qualification in question, also the fulltime practice of the profession during a period of two years during the last 10 years. 19
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The host member state may condition the recognition of qualifications on the fulfilment by the applicant of a counter-available measure (an aptitude test or a seagoing service period of at most three years) in the following three cases:
the training period is shorter by at least one year than that necessary in the host Member State;
the training covered significantly different disciplines from those included in the qualification title necessary in the host Member State;
the profession, as it is defined in the host Member State, includes one or more regulated professional activities which do not exist in the case of the corresponding profession in the Member State of origin of the applicant and it necessitates a specific training that covers subjects significantly different from those included in the training of the applicant. For practicing the profession of Engineer, First class, merchant marine on Spain’s territory, the
recognition of the education documents (diplomas and professional qualifications) of the applicants by the Competent Authority: Ministerio de Fomento (Dirección General de la Marina Mercante, Subdirección General de Seguridad y Contaminación Marítimas) – Ministry of Development (Directorate General of Merchant Marine, General Subdirectory of Maritime Safety and Pollution). The documentation which needs to be presented to the Competent Authority for requesting the recognition and then the practice of the profession of Engineer, First class, merchant marine on Spain’s territory consists of the following documents: 1. A request form completed and signed by the applicant; 2. Two passport pictures, with the surname and first name written with a black pencil on the back of the pictures. The applicant’s pictures must be taken with the head uncovered and without glasses with dark lenses, presented in an envelope without gluing or stapling it; 3. A photocopy of the valid national document of identification, residence card, or passport, or the express agreement of the applicant for the competent authority to be able to check his identity data, in accordance with Ordinance PRE/3949/2006, of 26 December 2006; 4. Documents which attest the professional experience of the applicant:
In order to recognize the profession of an Engineer, First class, merchant marine or of officer in charge with engine supervision, the applicants must present certificates from which will result the fulfilling of 250 days as a navigational watch on the vessel type for which they request the qualification recognition;
For the recognition of the profession of chief engineer, Engineer, First class, merchant marine and officer in charge of engine supervision, the applicant must present a marine engineering officer class II certificate issued by the General Secretariat of Fisheries or by the Maritime Captaincy, in which the fact that he can practice the profession of chief engineer or of Engineer, First class, 20
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merchant marine is mentioned. In view of the fact that for holding this certificate only 250 days of seagoing service as an officer are required, the applicant will have to present the proof of seagoing service on a ship for another 110 days; 5. Valid medical certificate issued by Instituto Social de la Marina (the Social Institute of the Marine), which will attest to the applicant’s state of health; 6. Payment proof of the charge (36,64 €) for the recognition process and equivalence certificate. The charge for issuing professional, maritime and recreational titles and certificates, created by art. 17 of Act no. 66 of 30 December 1997, on fiscal, administrative, and social order measures (Ley 66/19979 de 30 de diciembre, de Medidas Fiscales, Administrativas y de Orden Social); 7. Legalized copy of the second engineer officer certificate issued by the Secretariat General of Fisheries or a certificate of completion of the tests for acquiring a second engineer officer certificate; 8. Copy of the completion certificate of the course on fire fighting, level II.
The documentation will be presented: either to the Maritime Captaincy, or to the Central Services (Madrid) of the Directorate General of Merchant Marine. Of the documents which the applicant must present, the request and payment forms can be thus obtained: 1. Standard request document:
From the Maritime Captaincy or the Central Services (Madrid);
Downloading the standard request form from the web page: https://sede.fomento.gob.es, printing it and then manually completing it;
Completing the standard request form on-line and printing it.
2. Payment form:
From the Maritime Captaincy or the Central Services (Madrid);
Completing the payment form on the web page: https://sede.fomento.gob.es, printing it and then presenting it to the bank;
Paying on-line, however, in this instance, a digital signature is necessary.
In the case of the non-regulated professions in the origin country, the applicant must present the following documents:
documents which attest to the fulltime practice of the profession in question during 2 years in the last 10 years in the country where the diploma was obtained;
9
BOE número 313, de 31 de diciembre de 1997 21
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the detailed curriculum of studies with the indication of the hours assigned to each discipline, of their syllabus, of the number of hours of practice performed. All this information must be issued by the professional training institution which issued the diploma;
a certificate attesting to completing traineeships, specialization courses or attainment of other diplomas;
the photocopy of all outlined documents;
the list of all submitted documents, signed by the applicant. All documents written in the Romanian language must be accompanied by their translation into the
Spanish language, translation which must be certified by the Spanish diplomatic or consular authority from the country that issued the diploma, or by an official translator from a Spanish court of law. The time frame for examining the file for recognition of the diplomas which certify a certain professional training is laid down in European Union and national law not to exceed three months. Next is presented a general procedure of recognition, in Spain, of professional qualifications attained by citizens of other Member States of the European Union, which includes the following stages: 1. The submission of the request with the competent authority, which must be accompanied by the following documents: Proof of citizenship of the applicant; Qualification titles which permit access to the regulated profession in question, and the academic transcripts; Supporting documents on the professional experience in the field. 2. Additional requirements which the submitted documentation must meet. Official translation into Spanish; Photocopies of all the requested documents must be presented for comparison with the original, at the time of submission to the competent authority. 3. The competent authority checks if the submitted documentation is complete, subsequently communicating to the interested party if it is necessary to provide additional documents. 4. The competent authority (agency, centre, etc.), after receiving the complete documentation, proceeds to the analysis procedure in order to rule regarding the recognition with or without the application of counter-available measures (training period/adjustment periods, apprenticeship, aptitude tests, etc.); 5. For practicing certain professions, it is possible that some counter-available measures (an adjustment period, a seagoing service period, a apprenticeship period, followed by an evaluation, which for the Transports sector is predominantly hands-on) will be applied to the applicant; 6. The recognition procedure is concluded by issuing an ordinance/a resolution by the competent authority director, who decides concerning the submitted request, stating the legal grounds for this decision;
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7. The applicant is notified within 10 days of the issuing of the resolution by the competent authority’s director; 8. The decision may be appealed at the Director General of Vocational Training and Continuing Education within one month of receiving the notification; 9. Registration in the corresponding register within maximum four months of receiving the request.
3.3. RECOGNITION OF PROFESSIONAL QUALIFICATION IN ROMANIA
In Romania, in accordance with the legislation in force on the approval of minimal criteria of training and development of seafarers, the Romanian Naval Authority (RNA) issues the following types of certificates for Romanian seafarers: a) certificates of competency. Under this category come: licences, documents through which the competence of a commander or an officer are recognized and certificates of proficiency, through which the competence, other than that of a commander or officer, is recognized; b) certificates of proficiency– documents through which a specific competence for a specific type of ship is recognized. The GMDSS (Global Maritime Distress and Safety System) operator certificate is issued by the IGCTI (The Inspectorate General for Communications and Information Technology) as a distinct document through which the competence of operating the radio-communications system is recognized. The Romanian Naval Authority (RNA), based on the same ordinance (art. 21), is the competent authority that can recognize corresponding certificates or any other certificates issued, in accordance with the provisions of Directive 2001/25/EC10 of 4 July 2001, on the minimum level of training of seafarers, by a competent authority from another Member State of the European Union. The recognition is done based on a protocol concluded by RNA with the competent authority from the issuing state of the certificates. Where the requests received are from seafarers, who are not citizens of a Member State of the European Union, but who hold certificates issued by competent authorities of a Member State of the EU, RNA recognizes these certificates, complying with the provisions of Directive 89/48/EEC11 and of Directive 92/51/EEC12. The recognition by the Romanian Naval Authority (RNA) of the corresponding certificates, in both cases, previously presented, must be done within the capacity, position and competence levels prescribed in these and, following this process, must be accompanied by a certificate that confirms this recognition. 10
OJ L136, 18.05.2001, p. 17 Directive 89/48/EEC of 21 December 1988, on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration, OJ L 019 , 24/01/1989, p. 16 - 23 12 Directive 92/51/EEC of 18 June 1992, on a second general system for the recognition, OJ L 209, 24.07.1992. 23 11
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START APPLICANT FILE SUBMISSION TO THE ATTESTATION COMISSION The registration file for the profession of: ENGINEER, FIRST CLASS, MERCHANT MARINE includes the following documents: 1. “THE APPLICATION FORM” completed by the applicant; 2. The medical certificate issued by the clinic authorised by the competent Authority, which proves that the holder is APT for fulfilling the position for which he is a candidate, in a legalised copy; 3. The education document in a legalised copy (if applicable); 4. Licence or the proficiency certificate held; 5. Graduation certificate of the specialisation courses in accordance with “the Ordinance for approval of the minimum criteria for training and improvement of the Romanian seafarer personnel and of the recognition system of the certificates of competence” 6. A copy of the transcript, or the certificate from which results the seagoing service of the candidate and the number of voyages carried out, or his employment papers, 7. Certificate of participation in the course of assessment of competences on a simulator, for ship pilots and officers 8. Identity document.
A T T E S T A T I O N C O M I S S I O N The assessment commission: 1. the session president; 2. the session vice-president (if applicable); 3. the assessors (if applicable); 4. the secretariat; 5. technical assistance specialists (if applicable). CHECKING THE FILE CONTENT AND IF MEETING THE CONDITIONS The secretary of the commission checks the documents as he receives the files, checking if: 1. the candidate submitted in the file all the documents provided by art.5 § 2, as annexes to the registration; 2. The submitted documents are according to the originals; 3. the candidate meets all the conditions provided in „The Ordinance for approval of the minimum criteria of training and improvement of the romanian seafaring personnel and of the recognition system of the competency certificates” and the competence assessment exams organization and conduct Methodology for issuing licences/certificates of proficiency for seafarers, harbour and inland waterway personnel.
Notices, Additions
EXCEPTIONS CHECK .
NO
Are the conditions met?
In the Methodology there are no stipulated exceptions YES DOCUMENT LEGALITY CHECK
YES YES
Is there a studies diploma emitted by another state? CHECK THROUGH THE IMI SYSTEM
Is the condition met? NO DEROGATION CHECK
NO
EXAM BEFORE THE ATTESTATION COMMITTEE
Exam result?
NEGATIVE
POSITIVE
Answer AC from Member States?
In exceptional situations exemptions are granted, in accordance with art. 18, paragraph (1-7), OMTCT no. 1627 of 7 September 2006, on the approval of minimum criteria of training and improvement of the seafarer personnel. YES
Is the condition met? NO
Rejected
Denies the grant of a licence Applicant appeal
Admitted
Informing the applicant 1
2
3
STOP
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2
3
APPEALS COMMISION Appeals shall be submitted and recorded with the secretariat of the evaluation committee within 24 hours of completion of the written paper. For resolving the appeals the procedure will be the following: 1. the written paper will be reassessed and regarded, if necessary; 2. the corresponding changes will be applied to the final status of the candidate. Attainment of licence engine department
Admitted
Rejected Appeal result
Entry in the Record Book of RNA
Practicing the profession: ENGINEER, FIRST CLASS, MERCHANT MARINE MARITIM
THE DUTIES OF THE PROFESSION: ENGINEER, FIRST CLASS, MERCHANT MARINE a) to know and to respect the provisions of the romanian legislation and of the treaties to which Romania is a part; b) to be
sincere, honest, correct and to show a sense of personal accountability for his deeds; c) in the activity that he carries out on board, to show camaraderie, solidarity and mutual respect to the other crew members; d) to know and to be able to take action according to the attributions of the ship ; e) to continually instruct himself for the acquirement of speciality knowledge, of the handling and maintenance of the technique on board ; f) to increase his knowledge and seamanship skills, to acquire good physical endurance, self-control, and moral strength ; g) to show love for the ship, to fight for maintaining the endurance of the ship, and not to abandon it except at the commander’s orders; h) to be disciplined, to show initiative in the execution of orders/dispositions, in fulfilment of his job duties and in his daily work, to contribute to strengthening of order and discipline on board; i) not to leave the post or service to which he was appointed without an order or before being changed .
ACTIVITY MONITORING
ORDINANCE OF THE MINISTER OF TRANSPORT
The period of validity of the licences is of 5 years, noting that the provisions on the necessity that the holder shall be subject to periodical examinations (medical and professional) or test, must be met. The methodology of organization and conduct of the competence assessment exams for issuing the licences/ proficiency certificates of the seafarer, harbour and inland waterways personnel, requires a continuous training program for this profession.
LOSS OF VALIDITY OF ENGINE LICENCES
The confirmation, reconfirmation, suspension or repeal of the licences is done by the Romanian Naval Authority, according to the legal regulations in force on the approval of the minimum criteria of training
and
improvement
of
the
seafarer
personnel.
Fig. Logical scheme of a confirmation and certification of competencies procedure for the certificate of competence for an ENGINEER, FIRST CLASS, MERCHANT MARINE 25
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Where the Romanian Naval Authority (RNA) refuses to issue a certificate of recognition of a corresponding certificate issued by a Member State of the European Union, or when it does not answer to such a request, the applicant has the right to appeal in accordance with the provisions of the law on administrative due processes in force. The seafarers presenting for recognition of certificates of competence at a managerial level must pass an assessment test of their knowledge of Romanian maritime legislation relevant for performing the job aboard the vessels which fly the Romanian flag in accordance with the legislation in force. The recognition by RNA of a certificate of competence / certificate of proficiency issued in accordance with the provisions of Rule V/1-1 and of Rule V/1-2 from the STCW Convention, is done by issuing a recognition certificate after checking the authenticity and validity of any necessary justifying documents in the manner provided in paragraph 3, Section A-I/2 of the STCW Code. The certificates are issued based on the following documents:
valid certificate of competency / certificate of proficiency, or GMDSS operator certificate (if it is a separate document) and their attestations issued by RNA;
identity document;
medico-psychological certificate.
3.4.
SOLVIT
SOLVIT13 is a problem solving network, in which Member States of the EU work together to solve, without using legal proceedings, problems caused by the misapplication of Internal Market law, by public authorities. SOLVIT deals with cross-border problems between a business or a citizen on the one hand and a public authority on the other, where there is possible misapplication of EU law. The policy areas SOLVIT has most frequently dealt with are:
13
Recognition of Professional qualifications and diplomas;
Access to education;
Residence permits;
Voting rights;
Social security;
Employment rights;
Driving licences;
Motor vehicle registration;
http://ec.europa.eu/solvit/site 26
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Border controls;
Market access for products;
Market access for services;
Establishment as self-employed;
Public procurement;
Taxation;
Free movement of capital or payments
Structural Instruments 2007 - 2013
Below, are presented the national SOLVIT Centres, of Member States of the European Union which were analysed: Table 2. National SOLVIT Centres14 Member State of the European Union
Czech Republic
Denmark
Germany
Spain
Italy
14
SOLVIT Centre
Contacts
Odbor vnitřního trhu a služeb EU, Ministerstvo průmyslu a obchodu Na Františku 32 CZ - 11015 Praha 1, Phone: +420 22 422 1701 Fax. +420 22 485 3079, solvit@mpo.cz Danish Business Authority (Internal Market Centre) Langelinie Allé 17 DK - 2100 Copenhagen, Phone: +45 35 46 62 00 (the hotline) Phone: +45 35 46 66 16 Phone: +45 35 46 66 73, SOLVIT@erst.dk Bundesministerium für Wirtschaft und Technologie, Scharnhorststr. 34-37 DE - 10115 Berlin, Fax. +49 3018 615 5379 solvit@bmwi.bund.de SOLVIT - España Ministerio de Asuntos Exteriores y de Cooperación, Serrano Galvache 26 ES - 28033 Madrid, Phone: +34 91 379 9999 Fax. +34 91 394 8684, solvit@ue.maec.es Presidenza Consiglio Ministri Dipartimento Politiche Comunitarie, Piazza Nicosia 20, IT - 00186 Roma, Phone: +39 06 677 95 844 Fax. +39 06 677 95 044, solvit@palazzochigi.it
Barbora Hanáková Zuzana Bakotová Tomáš Stehlík Jens Kasper Rasmussen Sofie Freilev Karin Kragshave Kristian Yde Agerbo
Lisa Teichmann
Ana Iglesias Ana María Hernández Javier Pascual Pontones Giuseppina VALENTE Francesco CIPRI Massimo SANTORELLI
http://ec.europa.eu/solvit/site/centres 27
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Continuation of table 2 Member State of the European Union
Netherlands
Austria
Portugal
Romania
SOLVIT Centre SOLVIT Nederland Ministerie van Economische Zaken, Landbouw en Innovatie Bezuidenhoutseweg 30, Postbus 20101 NL - 2500 EC Den Haag, Phone: +31 70 379 7708 Fax. +31 70 379 7014, solvit@mineleni.nl Bundesministerium für Wirtschaft, Familie und Jugend, SOLVIT Center, Abteilung C1/2, Stubenring 1, AT - 1010 Wien, Phone: +43 1 71100-5119, Phone: +43 1 71100 - 5293 Phone:+43 1 71100-5187 Fax. +43 1 71100-2207 solvit@bmwfj.gv.at Ministério dos Negócios Estrangeiros, Direcção Geral dos Assuntos Europeus Serviço do Mercado Interno, Rua Cova da Moura, 1, PT - 1350-115 Lisboa, Phone: +351 21 393 57 53; +351 21 393 57 50 +351 21 393 55 54; Fax. +351 21 393 57 98 solvit@dgac.pt Ministry of European Affairs, Government of Romania Bvd. Aviatorilor no. 50A, Sector 1, Bucharest 011854, Phone:+40 21 308 53 40; +4021 308 53 71; +40 37 410 45 23; Fax. +40 21 308 53 96 solvit@dae.gov.ro
Contacts
Koen van Ginneken
Sylvia Vana Alexandra GaudmannHeber Christian Müller
Rosarinho MELANCIA Mafalda DE SIQUEIRA
Romulus BENA Karina STAN Ramona-Maria CIUCĂ
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IV. THE PRACTICE OF THE PROFESSION OF AN ENGINEER, FIRST CLASS, MERCHANT MARINE IN THE EU 4.1. Procedures of reconfirmation and renewal of titles and certificates from the
commercial marine in SPAIN 1. The certificates can be reconfirmed or renewed only at the request of the holder; 2. The reconfirmation will consist in updating the dates of the document in question, concerning the changes in national and international law, and is possible in the following cases: a) when the holder requires, for continuing his activity on the ship, the update of the legislation in accordance with the STCW Convention, whose term is of maximum five years. For this, the holder of the certificate must submit supporting documents that will attest to the physical aptitudes and professional competences, necessary for the validation process; b) when the holder requests the update of his professional competences, due to the fact that he performed the traineeships (periods) of seagoing service required by the legislation in force, for being able to perform superior professional duties. 3. The renewal of the documents can also be done, besides the instances presented above, when the applicant invokes their loss or deterioration, as well as the update of the photo and of the data contained in them. The renewal will consist, exclusively, in the transcription of the data which is listed on the documents, at the moment of their issue, in the Register of Professional Titles and Certificates of Specialization of the Directorate General of Merchant Marine (accordingly, in these will appear the same information for the expiration and approval dates). 4. The reconfirmation or renewal of the certificates of seafarers from the merchant marine can be requested from the Directorate General of the Merchant Marine or Maritime Captaincy, through a request form, accompanied by the following documents:
Two passport photos;
Legalized copy of the national identity document or of the passport;
In the case of the request of reconfirmation, the certification of work experience or of newly acquired competences, requested by the legislation in force;
The periodic medical certificate which shows the state of health of the applicant, issued by the Social Institute of the Merchant Marine;
Proof of payment of the relevant charge for the reconfirmation and renewal process of the certificates of seafarers (14,66 €).
5. The reconfirmations and renewals of certificates from the commercial marine will be done only by the Maritime Captaincy, class I or by the Directorate General of the Merchant Marine. 29
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6. The maximum time frame for notifying the applicants concerning the method of handling of the requests is of three months.
CONCLUSIONS
The main obstacles met by the states analyzed in this guide in the recognition process of professional qualifications, are the following:
The diversity and multitude or requirements (conditions) for accessing the practice of a regulated profession on the territory of a European Union state or of a third signatory state of the STCW Convention (Standard of Training Certification and Watchkeeping), is one of the major obstacles in the professional qualifications recognition process;
Difficulties in acquiring the necessary information for compilation by the applicant of the file for recognition of his profession;
The diversity of the entities that compete in the professional qualifications recognition process, confers to it a cumbersome nature, sometimes even tortuous, which delays the access of the applicant to practicing his profession;
Documentation which is quite cluttered and difficult to access. The majority of professions in the European merchant marine and not only (also from the signatory
states of the STCW Convention), require superior levels 2 – 3 of qualification, both for the command of the ship (captain, pilot, etc.) as well as for the engine department (chief engineer, Engineer, First class, merchant marine, etc.). In light of the rise of the effects of world economy globalization and the increase in mixed crews, the English language has become the main communication means on board the maritime ships, therefore, knowledge of it and the knowledge of the specific terms is an essential condition for the integration of Engineers, First class, merchant marine within the ship crews with whom they are boarded. The complex activity performed by the Engineer, First class, merchant marine requires a series of aptitudes, skills and abilities such as: good acquaintance with sailing practices, good user of the resources, facilities and equipments on board the ship, permanent preoccupation with the adequate operation of the facilities and maintenance of the ship, best performer, with physical and mental endurance, and good partner in the relationships with the other members of the crew, being bound to the ship and the crew. The main activity of the Engineer, First class, merchant marine takes place inside the engine department and in the annexed spaces on board the vessel, where special duties are carried out: operation, monitoring, maintenance, overhaul and repair of the facilities and equipments.
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EUROPEAN UNION
GOVERNMENT OF ROMANIA MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERY PERSONS AMPOSDRU
European Social Fund POS DRU 2007-2013
Structural Instruments 2007 - 2013
The draft directive amending Directive 2008/106/EC of the European Parliament and Council of 19 November 2008, on the minimum level of training of seafarers, has two main objectives:
alignment of European Union legislation with the international norms from the Annex to the International Convention STCW, 1978, (Manila AMENDMENTS to the Code on training, certification, and watchkeeping (the STCW Code)), adopted at the Conference in Manila (2010);
setting some requirements addressed to the Member States for providing information concerning the certificates of competence and extending the recognition period of professional qualifications from third countries. The new international standards are applied only from the date of 1 January 2012. The proposed time frame of application at the level of the European Union is 31 December 2012. The final result will consist in ensuring the uniform application of the STCW Convention by the Member States in its up-to-date version and in ensuring the adequate training of seafarers on ships under the EU flag that hold certificates issued by countries outside of the EU (third countries signatories of the STCW Convention). Beginning in the year 2012, the training of seafarers will be subject to some new norms on the
acquired competences, the professional profile, the safety and certification of these competences. Since accidents tend to occur when the professional training presents gaps and when the appropriate certification is lacking, training and certification are of utmost importance for marine safety. The STCW Convention of IMO is one of the four major conventions on a global level; the other three are the following: the International Convention for the Safety of Life at Sea (the SOLAS Convention); the International Convention for the Prevention of Pollution from Ships (the MARPOL Convention) and The Maritime Labour Convention (MLC). Since the Member States of the European Union are signatories of the STCW Convention, it is important that the international and European legislation be aligned. These amendments lead to higher standards concerning: the medical fitness (capacity); the capacity of performing the seagoing service and alcohol abuse; the introduction of new professional profiles, such as „proficient navigational watches” and „electro-technical officers”; training in the safety field for all seafarers; simplified and clearer types of certificates. By amending Directive 2008/106/EC of the European Parliament and Council of 19 November 2008, on the minimum level of training of seafarers, compliance with the STCW Convention is sought after, when the assessment of third states is done for the recognition of the training institutions and of the certificates of competence issued by these. Even though the draft directive represents, largely, the transposition ad literam of the amendments of Manila in the European Union legislation; it also recommends that amendments of medium-scale be made to the present dispositions of the EU on recognition of seafarers’ certificates.
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EUROPEAN UNION
GOVERNMENT OF ROMANIA MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERY PERSONS AMPOSDRU
European Social Fund POS DRU 2007-2013
Structural Instruments 2007 - 2013
BIBLIOGRAPHY
1. Directive 2005/36/EC of the European Parliament and Council of 7 September 2005, on the recognition of professional qualifications, OJ L 255, 30.09.2005, p. 22 - 123; 2. Directive 2006/123/EC of the European Parliament and Council of 12 December 2006, on services in the internal markets, OJ L376, 27.12.2006, p. 36 – 68; 3. Directive 2008/106/EC of the European Parliament and Council of 19 November 2008, on the minimum level of training of seafarers, OJ L323, 03.12.2008, p. 33 – 61; 4. Directive 2012/35/EU of the European Parliament and Council of 21 November 2012, amending Directive 2008/106/EC on the minimum level of training of seafarers, OJ L343, 14.12.2012, p. 78 – 105; 5. The Code of the STCW Convention, (the Code on Standards of Training, Certification and
Watchkeeping for Seafarers (STCW), as adopted by the second resolution of the 1995 conference, in its revised version), revised in July 2010 following the Manila conference; 6. Real Decreto 973/2009, de 12 de junio, por el que se regulan las titulaciones profesionales de la
marina mercante, BOE no. 159, 02.07.2009, p. 55234 – 55263; 7. Act no. 18/2004 Col. - Legea privind recunoașterea calificărilor profesionale, secțiunea 152, Act on Recognition of Professional Qualifications, section 152; 8. Ley 66/1997 de 30 de diciembre, de Medidas Fiscales, Administrativas y de Orden Social BOE número 313, de 31 de diciembre de 1997; 9. Ley 30/1992, de 26 de noviembre, de Régimen Jurídico de las Administraciones Públicas y del Procedimiento Administrativo Común; 10. Act no. 200/2004, on the recognition of diplomas and professional qualifications for the regulated professions in Romania, The Official Journal of Romania, Part I, no. 500 of 3 June 2004; 11. OMTCT no. 1627 of 07.09.2006, for the approval of minimum criteria of training and improvement of the Romanian seafarer personnel and of the system of recognition of competency certificates, (The Official Journal, Part I no. 917 of 10.11.2006); 12. OMTI no. 975 of 29.11.201, amending Annex no. 1 to OMTCT no. 1627 of 07.09.2006 (The Official Journal of Romania, Part I, no. 888 of 15.12.2011); 13. OMTCT no. 214 of 7 February 2007, for the approval of minimum criteria of training and improvement of the Romanian seafarer and harbour personnel that is not covered by the STCW Convention (The Official Journal of Romania, Part I, no. 123 of 20 February 2007); 14. OMTI no. 974 of 29.11.2011, amending Annex no. 1 of OMTCT no. 214 of 7 February 2007, (The Official Journal of Romania, Part I, no. 888 of 15.12.2011); 32
EUROPEAN UNION
GOVERNMENT OF ROMANIA MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERY PERSONS AMPOSDRU
European Social Fund POS DRU 2007-2013
Structural Instruments 2007 - 2013
15. OMT no. 1250/07.10.2008, on approval of fees for specific activities performed by RNA, The Official Journal of Romania, Part I, no. 706 of 16 October 2012; 16. What you should know about the system for mutual recognition of professional qualifications in the EU Member States, EEA countries and Switzerland, Compiled by Zuzana Šonková and Štěpánka Skuhrová, Prague 2008, p. 9; 17. http://ec.europa.eu/internal_market/qualifications/regprof 18. http://www.anc.gov.ro/uploads/so/l/motorist-nave.pdf 19. http://www.anc.gov.ro/uploads/so/l/marinar.pdf 20. http://uok.msmt.cz/uok 21. http://ec.europa.eu/solvit/site 22. http://ec.europa.eu/solvit/site/centres 23. www.nuffic.nl/en/diploma-recognition/professional-recognition 24. https://sede.fomento.gob.es 25. www.forem.es 26. https://zoek.officielebekendmakingen.nl/kst-32316-3.html
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